§ 56-401. Use of nonconforming buildings and structures.

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued subject to the following provisions:

(1)

Repairs and alterations.

a.

Building or structure designed or intended for a nonconforming use. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of, substitutions for, machinery or equipment not involving structural alterations to the building or structure except as otherwise provided in this section.

b.

Building or structure designed or intended for permitted use. Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located provided the repairs, alterations or structural changes conform to the regulations of the district in which the building or structure is located.

(2)

Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk, or all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all regulations of the district in which it is located and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

a.

Applicable regulations concerning the amount of lot area provided per dwelling unit as provided in the R-1, R-2 and R-3 district regulations;

b.

The allowable floor area ratio as provided in C-1, C-2 and C-3 district regulations;

c.

The allowable gross floor area per establishment as provided in the C-1, C-2, C-3 and M-1 district regulations.

(3)

Relocation of building or structure. No building or structure which does not conform to all the regulations of the district in which it is located, except those required by law, shall be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof are made to conform to all the regulations of the district in which it is to be located.

(4)

Restoration of damaged building or structure.

a.

Building or structure designed or intended for nonconforming use. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the cost of the restoration of the entire building new, shall not be restored, except as required by law, unless the building or structure and the use thereof shall conform to all the regulations, including those of article XII of this chapter, of the district in which it is located. In the event such damage or destruction is less than 50 percent of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from date of the partial destruction and is diligently prosecuted to completion.

b.

Building or structure designed or intended for permitted use. A building or structure all or substantially all of which is designed or intended for a use which is permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the cost of restoration of the entire building new, shall not be restored, except as required by law, unless the building or structure and the use thereof shall conform to all of the regulations of the district in which it is located. In the event such damage or destruction is less than 50 percent of the cost of restoration of the building new, no repairs or reconstruction shall be made unless such restoration is started within one year from date of the partial destruction and is diligently prosecuted to completion.

(5)

Discontinuance of nonconforming use.

a.

In building or structure designed or intended for nonconforming use. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is or hereafter becomes vacant and remains unoccupied or is not used for a continuous period of one year, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.

b.

In building or structure designed or intended for permitted use. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six consecutive months, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

c.

Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, if discontinued for a period of six consecutive months, shall not thereafter be renewed, and any subsequent use of the land shall conform to the use regulations of the district in which it is located.

(6)

Expansion of nonconforming use.

a.

In building or structure designed or intended for nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which the use is presently located, but no changes or structural alterations which increase the bulk of the building or structure, except those required by law, shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located.

b.

In building or structure designed or intended for permitted use. The nonconformity use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded into any other portion of such building or structure nor changed to any nonconforming use.

c.

Land. The nonconforming use of land, not involving a building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

(7)

Change of nonconforming use.

a.

In building or structure designed or intended for nonconforming use. The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the same district as the nonconforming use which presently occupies the building or structure or to a use permitted in a more restrictive district. For the purpose of this subsection only, the R-1 residence district shall be considered the most restrictive and the M-1 restricted manufacturing district the least restrictive.

b.

In a building or structure designed or intended for permitted use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

c.

Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use except to a use permitted in the district in which the land is located.

(Code 1978, § 5-15-3; Code 1997, § 98-342)